New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 34 - WILDLIFE HABITAT AND LANDS
Part 7 - OPEN GATE: HUNTING AND FISHING ACCESS PROGRAM
Section 19.34.7.10 - ACCESS AGREEMENTS FOR THE OPEN GATE PROGRAM
Current through Register Vol. 35, No. 6, March 26, 2024
A. The director may enter into open gate access agreements for hunting, fishing, trapping or other recreational endeavors to take place on private land with suitable habitat to support the recreational uses, or to provide a right-of-way corridor through private land or tribal land to large, inaccessible blocks of public lands meeting the conditions of 19.34.7.11 NMAC.
B. Subject to consideration for access rights granted by the landowner, the landowner shall be paid a fee pursuant to commission approved fee schedule or as otherwise approved by the director for unique circumstances.
C. To enhance wildlife habitat and provide a more quality hunting, fishing and trapping experience on participating properties, the department may provide additional financial and technical incentives for wildlife habitat improvements undertaken by the landowner. The terms and conditions of such improvements and incentives shall be negotiated between the landowner, the department and local, state, or federal partners as appropriate.
D. Amendments of an existing open gate access agreement may only be done by mutual consent of the department and landowner, in writing.
E. False representation of a property's rightful ownership is grounds for legal action and will result in immediate termination of the access agreement.
